Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 156/N/2024.
C.R. No. 187/2024.
MHMM18-004265-2024
Kherwadi Police Station.
Suraj Krishna Shetty … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH. 01
Ther application is filed by the applicant namely Suraj
Krishna Shetty for release of Yamaha motorcycle bearing registration No.
MH-02-FZ-9434 and Vivo mobile phone which are seized by the
Kherwadi Police Station in connection with Crime No.187/2024
registered with the Kherwadi Police Station for the offence punishable
under section 392, 506(2), 170 of I.P.C., Section 4, 25 of Arms Act and
Section 66(c) of I.T. Act.
2) I.O. and Ld. APP objected the application on the ground
that said property used in the commission of offence and there is
possibility of committing same office. They prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record original copy of vehicle particulars, verified copies of
mobile invoice, Aadhar card and xerox copies of FIR, statement and
insurance alongwith his affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
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the investigation, which is to be disposed of as early as possible. As per
ther ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order.
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Yamaha
motorcycle bearing registration Number
MH-02-FZ-9434 and Vivo mobile phone be
handed over to applicant on executing indemnity
bond of Rs. 2,50,000/- (In words rupees Two
Lakhs Fifty Thousand only), in the police
station.
3] The applicant should undertake that he shall
not transfer, pledge or any other way alienate
the said muddemal till the final disposal of the
Crime No.187/2024.
4] The applicant is also directed to produce the said
muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of
the muddemal property in order to establish the
identity for identification and evidence.
6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No.187/2024.
Date : 04.05.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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